First Amendment - Freedom Of Religion Flashcards

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1
Q

What is the free exercise clause?

A

Prohibits government from punishing someone on basis of their religion/ religious conduct.

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2
Q

Despite the free exercise clause…

A

The court may inquire into the sincerity of a persons belief if relevant, but not the truthfulness of the persons belief.

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3
Q

A government regulation violates the establishment clause unless

A

It has a secular purpose; primary effect that doesn’t advance or inhibit religion; and doesn’t produce excessive government entanglement with religion

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4
Q

What are the four categories of establishment clause cases?

A

Sect preference, cases unrelated to financial aid or education, cases involving financial benefits to religious institutions, and religious activities in public schools.

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5
Q

What is the establishment clause?

A

It prohibits the government from taking government action respecting the establishment of religion.

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6
Q

Cases unrelated to financial aid or education

A

Law burdening/ favoring religion will be invalid, but a law favoring a large part of society that includes religious groups is generally valid.

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